Browsing Constitutional & Human Rights Litigation by Author "Magagula, Sithelo."

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Balancing the right to peaceful use and enjoyment of private property with the right of access to adequate housing and the government’s legitimate interest thereto.

Magagula, Sithelo. (2020)

In the pre-constitutional dispensation, the courts could grant an eviction order without considering the risk of homelessness to the evictees. This was possible because there was no constitutional right of access to ...